Eviction for Breach of the Lease

(Real Property Article, § 8-402.1)

If a lease provides that tenant may be evicted for breach of the lease, and if landlord should subsequently want to ask the help of the court to evict tenant, landlord must have given tenant one month's written notice that tenant has violated the lease and landlord wishes to repossess the premises.  If however, the landlord felt that the tenant posed a danger to either themselves, other tenants, the landlord or the landlord's property, 14 days is sufficient notice.   Acceptance of payment after notice of the breach is given, but prior to the eviction, does not constitute a waiver of the notice or a waiver of any judgment for possession, unless the parties so agree in writing.  

If tenant does not leave in proper time, landlord may then file a complaint in District Court.  The court will immediately summons the tenant or other person in possession to appear on the appointed day to show cause why the premises should not be restored to landlord.  If either party is absent from the hearing, the court may continue (postpone) the case for from six to ten days, and will so notify the parties.  If the court determines that tenant breached the lease and that the breach was substantial and warrants eviction, the court will order the sheriff or constable to give possession of the premises to the landlord, and will give judgment for costs against the tenant.  Either party may appeal within 10 days of the judgment.

If judgment is for landlord and tenant appeals and wishes to stay on the premises until the determination on appeal, tenant must: 

1. file an affidavit with the District Court that his appeal is not for the purpose of delaying the eviction; 

2. file sufficient bond with one or more securities, with the condition that he will diligently prosecute the appeal; 

3. pay all rent in arrears and all court costs in the case; and 

4. pay all losses or damages which landlord may suffer as a result of tenant remaining in possession.

The appellate court will set a day for the hearing not less than five nor more than fifteen days after application is made.  Notice must be served on the other party or his counsel at least five days before the hearing.

Last date legally reviewed: 3/17/08 (PLL/M.A.J.)

Source: Baltimore Neighborhoods (BNI) - See main Landlord Tenant section for more information on BNI.  Updated by the Maryland State Law Library, (MSLL).

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